Rubin & Todaro · 13. Reaffirmation of a debt (appearing in court for this). 14. Defense of motions to dismiss because of a bad faith filing or other motions filed by creditors to

Rubin & TodaroAttorneys at Law

Lawrence S. Rubin† 337 West State StreetRaphaele A. Todaro‡ Media, PA 19063 (610) 565-6660†Member PA, NY, & NJ Bars Fax (610) 565-1912‡Member PA & NJ Bars [email protected]

1Payment forms - Check: Cases will not be filed until funds are verified. Your case will be delayed. If this is an emergencyfiling, personal checks are not accepted. Certified funds/money order/bank checks: No filing delay.Debit card: only through website via Paypal (www.paypal.com). No filing delay. Through the internet: see my websitewww.pennlawyer.com scroll to the bottom of page, and click on the Paypal button. No filing delay. Cash: No filing delay. Underno circumstances will a credit card payment be accepted, unless it belongs to a non-debtor. No debtor may use a creditcard belonging to him or her to file this case.

2This fee shall be valid for 60 days subsequent to the execution of this agreement. After 60 days from the date this is signed,fees may be increased by attorney, unless a partial payment has been made. If partial payment is made this shall preserve thefee for days from the date this agreement is signed. If full payment is made, the fee agreement may not be changed by attorney.Checks received for costs are subject to a hold for 5-10 business days. Please be advised that no money will be advancedout of my attorney trust account unless the funds are cleared. It is recommended in exigent circumstances that costs be paidby money order or cash.

3In the event that you have more than 15 creditors or parties in interest, we reserve the right to bill actual charges for serviceof notices required to be served by the court. Service costs are usually just first class mail fees. Fifteen or less will not be billedto you.

4The financial management course should be taken shortly after you file, or it is likely you will forget to take it later. Thiscourse is required for a discharge and must be taken before your last payment. Do not wait!

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April 7, 2008

Dear Client

You have requested me to file a case under Chapter 13 of the Bankruptcy Code. We have agreed that forthis service, I will be paid1 a retainer of $call for current fees.2 This fee (plus the filing fee, see below) is not refundable,even if the case is not confirmed, or dismissed voluntarily or involuntarily. The court filing fee (what I must pay the Courtto accept your case) is $2743 and is in addition to the stated fee. You must also advance any required pre-filing andpost filing credit counseling or credit management costs. The fee you are paying is not contingent upon any event. Allchecks including costs should be payable to “Lawrence S. Rubin, Attorney.” Here is a summary:

Chapter 13 retainer $call for current fees

Minimum legal fee to file-not incl. filingfee

$call for current fees

Balance to be paid through plan $ 0.00

Court cost $ 274.00

Credit counseling $ 30-70

Hourly rate, if charged herein $

Min. to get case filed (excluding creditcounseling charge), bal. under plan

$call for current fees

Financial management course4 $ From $18-$70

5In the event of a stay relief motion, you will be billed for the hour and a half at the time the motion isreceived by the office at the current billing rate..

6Objections to claims are billed as follows: Three hours as a retainer (3 x current hourly rate) and then by thehour thereafter. Objections to confirmations are handled on an hourly basis. Simple, curable objections areusually no billed, e.g. where a simple amendment will cure the objection.


What your attorney fee covers

1. Your initial interview for purposes of preparing petition and schedules.2. Preparation of the necessary documentation for the normal chapter 13 and plan.3. Filing the required documentation (see limitations below). It also includes responding to the trustee's

infeasibility motion, if one is filed.4. Representation at the §341 Meeting of Creditors.5. General guidance, assistance and management of your creditors.6. Telephone inquiries and general questions.7. Obtaining confirmation where no creditor has filed an objection to the same (see below for further

clarification).8. In the event that your case is dismissed due to any fault of your own (e.g. non-payment of the plan,

infeasibility, etc.) you are not entitled to a refund of attorney’s fees.

The attorney fee does not cover the following:

1. The filing fee (this will be collected for payment to the Clerk).2. Obtaining an extension or imposition of the automatic stay under 11 USC §362(c), which provides, in part,

that the stay will terminate after 30 days if one prior case was pending within a year of the new filing, or that no stay willtake place at all if 2 or more cases were pending. Please see me for further explanation. Services under this provisionwill be billed at the hourly rate in addition to any other bankruptcy fees.

3. Significant amendment of the plan or schedules for matters that you knew of at the time you filed.4. Preparation of your taxes.5. Obtaining permission to refile the bankruptcy case after a bar order.6. Recovery of a preferential transfer (this is rare-see me for explanation).7. Defense of motions filed by your mortgage companies or other secured creditors requesting modification of

the automatic stay (i.e if you stop making mortgage payments).5

8. Services provided after a default under a stipulation entered into subsequent to a stay relief motion.9. Defense of motions filed by the trustee to dismiss you case for failure to pay the plan, and/or for your failure

to appear at the Meeting of Creditors.10. Attendance at confirmation hearing unless ordered by the court or for purposes required by the case.

Generally, no appearance is required by you or the attorney at the confirmation hearing.11. Objections to claims you wish to challenge in court or other's objections to your confirmation6.12. Preparation of the court documents required to sell your home, if required, or hearings thereon. Note: If you

do wish to sell any of your real estate, the law requires that you obtain court approval. Therefore, you must let meknow if you desire to sell your property before your sign any contracts, listing agreements, or other papers concerningyour real property.

13. Reaffirmation of a debt (appearing in court for this).14. Defense of motions to dismiss because of a bad faith filing or other motions filed by creditors to limit your

rights under chapter 13.15. Conversion of your case to another chapter. If your case is converted to a chapter 7, the fee is slightly less

than the fee I would charge for the original filing of such a case. As of this date, that fee is $ plus any addition alcourt costs (about $ at present) court costs. This fee is payable prior to the conversion.

16. Motions to abate the plan, or motions to change the plan after confirmation of the plan.17.FDCPA or FCRA claims. These claims may be brought in a bankruptcy case but are not a part of the

original proceeding. 18. Matters not directly connected with a chapter 13 case, including the sale of your real estate.19.Obtaining approval for other professional’s fees.20.Obtaining approval for personal injury settlements or dealing in matters wherein a personal injury case is

involved with another attorney.21. Arranging/contracting for utility service for you or your family with any utility company including but not

limited to electrical, telephone, cable, or cell phone service.

711 USC §525(b) states: No private employer may terminate the employment of, or discriminate with respect to employmentagainst, an individual who is or has been a debtor under this title, a debtor or bankrupt under the Bankruptcy Act, or an individualassociated with such debtor or bankrupt, solely because such debtor or bankrupt—(1) is or has been a debtor under this title or a debtor or bankrupt under the Bankruptcy Act;(2) has been insolvent before the commencement of a case under this title or during the case but before the grant or denial ofa discharge; or(3) has not paid a debt that is dischargeable in a case under this title or that was discharged under the Bankruptcy Act.

8Especially taxes (be sure to ask me about this point).


22. Matters pertaining to fixing your credit report or FCRA issues.23. Matters pertaining to your employment, or regarding obtaining employment, even if bankruptcy prevents

you from obtaining employment (unlawful, see footnote)7.24. Recovering a vehicle title from a lender or reclaiming any withheld property, including cash, regardless of

the reason therefore. Such services will be billed at the current hourly rate.25. Appeals, to any court.26. Negotiating down your mortgage principal or for a reduction or forgiveness of interest, principal, attorney’s

fees or costs on default of a mortgage or note.27. Lastly, your legal fee does not warrant to you that you will actually receive a discharge from all of your debts

or any one in particular8. Your legal fee is not meant to purchase a discharge. You are purchasing professionalservices only. Whether you receive a discharge is a determination to be made by the court, which is an independententity, unbound by any agreement made between you and I. Neither I, nor anyone in my office can guarantee afavorable result. I can say that the vast majority of people are pleased with the outcome of their case, if they completetheir plan payments.

Miscellaneous fees

! Fees for credit counseling and financial management course (required).! Adding creditors: In the event that creditors are added after filing the fees will be as follows:

Filing fee (paid to the Clerk of the USBC) - $26.00 (any number of creditors added) plus an officeadministration fee: . ! Time extensions: In the event we file your case without schedules and you need an

extension of time to complete the schedules, we will bill a flat for drafting, filing andprocessing your extension application. Please be advised that we may file this extension withoutnotice to you if we believe your case may be dismissed without it.

! Correction of social security numbers. Client remains responsible to accurately relate hisor her social security number (“ssn”) so that it is listed properly on the petition / schedules. Client'ssignature on the petition indicates that, among other things, that his / her ssn is correct. Cases thatare filed with incorrect ssn's are subject to an amendment fee representing correction costs (noticecharges) and in some cases a correction fee.

! Stay violation actions. In the event someone or some company contacts you in an attemptto collect a debt listed on your bankruptcy schedules, you may be able to recover money from thecreditor if you suffer damages as a result. This is called a “stay violation” and a motion for contemptcan be filed to enforce your rights. In the event a stay violation motion (motion for contempt) is filed,unless otherwise agreed, the legal fees will be 50% of the gross sum recovered. The decision tobring a stay violation action against a creditor shall at the reasonable discretion of counsel.

! Objections to claims: Billed at hour rate with a minimum three hour retainer.! Mortgage company disputes or questions: As is mentioned in this document, you must

continue payments to your mortgage company. You are expected to know the amount of yourregular payment and the payment address. We do not keep records of payment addresses and wedo not know the amount of your payment. Any services to determine these basic facts may be billed. Additionally, bankruptcy clients sometimes complaint that they “made a payment that the mortgagecompany did not credit me for.” Sometimes, bankruptcy clients believe that their mortgage paymentis too high. Clients may also object to the allocation of payments. There may be other disputes aswell. Although there are certain exceptions, this office is not retained to audit your mortgage account,determine the whereabouts of lost payments, explain why payments are in a certain amount, trackBankruptcy Code), or to interceded in payment disputes. Although these services can be offered,they are not a part of a chapter 13 bankruptcy fee. If you wish these services, they will be billed atthe current hourly rate with a two-hour minimum.


! Important: Defense of motions for relief: Current hourly rate, 1.5 hour retainer. Please note:If you miss mortgage payments after you file your case (“post-petition payments”), and the mortgagorfiles a motion for relief, then you will be billed a minimum of 1.5 hours at the current hourly rate,whether an Answer is filed or not. This office handles many of these motions and it almost alwaystakes at least one hour to resolve them. If you want to save money, keep your mortgage paymentscurrent! “Mortgage” includes home equity loans.

! Preparing tax returns if requested by the client: Uncomplicated wage earner - $ atax year. Payment for this service is billed in advance. No tax work can be done without payment.

! Defense of misc. motions - current hourly rate. 1.5 hour minimum.! Defense of motions for relief filed by a mortgagee, auto finance lender or other such

motion: Upon filing of motion by movant the first hour will be due as a minimum. Thereafter, at theprevailing current hourly rate.

! Mortgage lien stripping (i.e. for junior mortgages - no equity situations): retainer: $ then by the hour at prevailing current hourly rate.

! Adversary proceedings: Including but not limited to FDCPA actions: 3 hour retainer inadvance, then by the hour.

! Lien stripping/vehicles: Three hour retainer in advance, then by the hour.! Contested confirmation hearings. If you wish to have a plan confirmed that is not

approved by the trustee and you do not wish to comply with the trustee’s recommendations, then youmust attend the confirmation hearing and may be called to testify. In that case, you will be billed atthe current hourly rate.

! Missed meeting of creditors or forced rescheduling of meeting will be billed at the currenthourly rate if the meeting is rescheduled due to:

Not bringing proper ID (license or SS card)Appearing at a meeting without having prefiled your tax returns with the trustee (theseMUST be filed with the trustee at least 7 days before the meetingRe-attendance due to other reasons no the fault of the attorney

! Filing a motion to obtain the return of a repossessed vehicle: minimum retainer of 2½hours at current hourly rate, with additional fees as used. Attorney may require up-front payment ofthe retainer.

! Recovering other property including seized/frozen bank/asset accounts. See above 2½hour retainer rate.

! Address researching will be also billed. Client is at all times responsible for proving theproper mailing addresses for all creditors. This office cannot be responsible for incorrect addressesor lack of addresses provided by client.

! Post-confirmation services: Generally after confirmation of the case, all the debtor needsto do is to pay the plan. After completing payment on the plan, the court grants a discharge as amatter of course. Therefore, the case effectively ends after confirmation (except for your payments). Services after confirmation will be billed at the discretion of this office at the current hourly rate set inthis fee agreement. Simple inquiries, however, will not be billed.

! After hours services: Services rendered to clients on weekends or after the office isnormally closed (i.e. mostly after 6 or 7 p.m. will be billed higher rate: $ an hour.

! Rescheduling of the meeting of creditors: In the event you cannot come to the creditorsfor your own reasons and need it to be reschedules, you will need to request a continuance at leasttwo days in advance and be making current trustee payments under your plan. The following feesapply: $25 plus mailing costs.

! Recovering repossessed vehicles after filing: Actual time at current hourly rate.! Analysis of missing mortgage/loan or other payments: This office will assist you with

payments and history of payments, however, there will be additional fees charged at the prevailingcurrent hourly rate.

! Obtaining permission to sell your real estate / attending settlement: 4 hour retainer inadvance, then by the hour.

! Services rendered to obtain extensions of time due to client’s failure to pay thechapter 13 plan. Minimum fee 30 minutes, then by the hour at hourly rate.

! NSF checks: NSF checks given for fees must be made up by cash or money order within 7days after check is refused by bank. Bank fees in the amount of $12 will be added. I do not charge apenalty, I only recover for out of pocket expenses, however, the failure to make good on a bad checkwill be cause for a request to the court to be removed as your attorney.


! Reproduction/retrieval of petition, schedules or discharge after case is closed. This service willbe billed at a flat rate of , exclusive of actual costs (mailing, etc.)

! Audits by the US Trustee. UST audits are set to begin in late October, 2006. Approxi-mately one in 300 cases receives an audit. Some cases may be flagged for an audit due to certainitems which seem suspicious. In the event your case is chosen, you agree that this office will chargeyou for the time expended at the rate for bankruptcy services in effect at the time. Failure tocooperate with the audit will result in a dismissal of your case and a denial of the discharge. It mayalso result in more serious sanctions. Lying or providing false information in an audit may subjectyou to criminal sanctions. Audits have been suspended in 2008.

Special notice: In the event that you fail to pay your mortgage (or home equity loan) after you filebankruptcy, the bank, finance company, or other mortgagee/home equity loan creditor (the creditor to whomyou owe your mortgage or home equity loan) may file a Motion for Relief from the Automatic Stay. This feeagreement specifically does not cover these services. The fees for defense or settlement of such a motion willbe billed on an current hourly rate with 1.5 hour minimum. If such a motion is filed, an answer will be filed on yourbehalf. By agreeing to this fee agreement, you authorize me to file an answer on your behalf at my discretion and agreeto pay for its preparation. It is therefore, very, very, important that you do not miss mortgage payments! Mortgagepayments are due for the next full month after the filing date of your case.

Important: Please note that where a sheriff sale is scheduled and stayed because achapter 13 is filed, many mortgagees are currently simply adjourning the sales until the nextsale period. This means that if you do not pay your mortgage, and the mortgage company getsrelief from the automatic stay, it will not be a very long time period until the home is sold atsheriff’s sale. In come cases, the client’s house is SOLD THE NEXT DAY!

Please also note that the same rules shall apply to vehicular payments.

Cancellation: If you decide not to go through with the case, you will be billed as follows:• Initial visit: , minimum fee or the total number of hours times the hourly rate, whichever

is greater.• If the money is advanced through Paypal, less any Paypal fees.• Hourly rate after first hour above, which is billed at the minimum of .• Note: If you case is dismissed because you do not follow a court or trustee directive, or because you

fail to follow a court rule, there can be no refunds

Payment methods: Cash, check, or money order. In the event your check is returned for non-sufficient funds orany other reason (e.g. Closed account, stopped by you, etc.,) you are responsible for bank fees (see below).

Please note that it is the filing of the case that affords the relief you require, not my acceptance of represent-ation. Therefore, if the case is not filed, you cannot receive a legal cancellation of your indebtedness, otherwise referredto as a "discharge." This discharge will take place after completion of your plan.

The following are some of the areas of interest to most Chapter 13 clients:

IF YOU OWE MONEY TO A BANK IN WHICH YOU HAVE AN ACCOUNT

Recent court decisions have had a disturbing impact; if you owe money to a bank or financial institution thatholds a checking or savings account in which you have deposited fund, that bank or financial institution may withdrawfunds from your account (or withhold funds) in order to pay you debt. Simply stated: if you owe money to a bank inwhich you have an account close your account before going into bankruptcy! e.g. If you have a PNC Master Card,you should withdraw your money from PNC before you file, You may reopen an account in any bank to which you oweno money. This is just a slight inconvenience, but it may save you a lot of money.

Furthermore, you are well-advised to withdraw fund of the above type, even before your file. Banks oftenexercise their right of setoff and withdraw money from your account even before your bankruptcy filing. Therefore, if youowe any bank money, it is advisable to not have an account at that bank or any branch of that bank.

DO YOU HAVE MONEY IN A CREDIT UNION?

9In the event you file bankruptcy, and a creditor continues to harass, bill or call you with the purpose of collecting the moneyyou owe that creditor, report this to me at once. I have been very successful in prosecuting these offenses to the financial benefitof my clients. In the event that a stay violation motion is brought the legal fee is generally 50% of the amount recovered or actuallegal fees awarded, whichever is greater. Typical violations net clients $500 or more, after legal fees, depending of the violationtype. This in no way warrants the amount to be recovered, which may be zero. In that case, you would be charged a legal feeof zero.


Credit Unions engender a different set of problems. Many credit unions will have the member/borrower unwittinglyexecute an agreement to “pledge their shares” as collateral for a loan, cash advance, overdraft protection or even a Visaor MasterCard. This means that you may not be able to withdraw your money from a credit union if your owe your creditunion money when you file. Additionally, you may find your credit union privileges suspended or cancelled and haveyour accounts frozen as well. You must read all documents or supply them to this office to determine if you have thisproblem. It is suggested that all funds be withdrawn from credit unions if you owe a debt to one.

Credit Counseling/Financial Management: There is now a court required credit counseling session. This session isa prerequisite to your filing bankruptcy. This is the first of a two-course program that all debtors must complete. Thefirst is required to file; the second, a financial management course, is required to obtain a discharge.

Credit counseling can be done in person, over the phone or through the internet. The cost is usually between $30 -$80. You may be offered a credit report at the same time. It is recommended that you obtain one. When you complete thecourse (in about 90 minutes) the counseling company will issue a certificate that states that you took the course and youwill be ready to file.

The next and final course is a financial management course. This runs about $70. This is required to obtain adischarge. You must complete this course before the discharge date. It is very strongly recommended that you takethis final course immediately after the creditor’s meeting, or even before it.

What happens when the case is filed (the automatic stay)? If this is the first time you are filing, the court willautomatically enter an order staying9 further action by creditors to collect or enforce in any way, including by way oflitigation, your obligations to them. This means that lawsuits against you are stayed, phone calls to you must stop andno action at all to collect money from you may be taken. If this is not the first time you are filing, the stay may not be“automatic.” You may need to ask the court to continue the stay past 30 days, or even to impose a stay in the firstplace. This is dependent upon the number of prior filings and the timing of them. You will need to raise this subject andinquire about it. You will need to truthfully disclose your prior filings before we begin your case.

If you have written a check that has overdrawn your account (NSF checks). Bad checks are not covered bybankruptcy. In fact, bad checks are a violation of the PA Crimes Code. Persons writing bad checks are subject to fines,costs, restitution. You may even be jailed. Filing a bankruptcy will not protect you from criminal prosecution.

How Long Will Bankruptcy Stay on My Credit Report?

The results of your bankruptcy case will be part of your credit record for ten (10) years. The ten years arecounted from the date you filed your bankruptcy. This does not mean you can’t get a house, a car, a loan, or a creditcard for ten years. In fact, you can probably get credit even before your bankruptcy is over! The question is, how muchinterest and fees will you have to pay? And, can you afford your monthly payments, so you don’t begin a new cycle ofpainful financial problems. Debts discharged in your bankruptcy should be listed on your credit report as having a zerobalance, meaning you do not own anything on the debt. Debts incorrectly reported as having a balance owed willnegatively affect your credit score and make it more difficult to get credit. You should check your credit report after yourbankruptcy discharge and file a dispute with the credit reporting agency if this information is not correct

@ When should I file? In the State of Pennsylvania, it is possible, at present, to stop a sheriff's sale before it takesplace, and cure your mortgage arrears in a Chapter 13 Plan. This does not mean you should wait for a sheriff's sale. On the contrary, you should not wait for several reasons:

• The longer you wait, the greater your chances are of missing a critical deadline.• The longer you wait, the higher the fees and costs will be to cure the arrears.• The longer you wait, the more mortgage payments you will miss; consequently your bankruptcy plan

10Some creditors have gone so far as to threaten arrest, jail, or harm to loved ones, including informing friendsand work associates of the debtor’s financial embarrassment. They often threaten wage attachment which isgenerally not permitted in the State of Pennsylvania. Any threat of this nature is a grievous one and shouldbe brought to my attention immediately.

payment will be higher.• The law may change. Note that a judgment is not a sheriff sale. The judgment comes approximately 20 days after service of the

complaint, unless you answer it. You will need a lawyer to do so. No answer is required if you file a bankruptcy. Filingmeans filing with the court. It does not mean starting your case in this office.

Therefore, the earlier you file, the more likely it will be that you successfully save your home.

;Problem: Creditors harassing you or your family:

Filing a Chapter 13 acts as a stay (which means an Order of the court preventing this) of ALL creditor activity,including all collection action. This includes, suits, phone calls, letters, "friendly reminders" of indebtedness or visitsfrom bill collectors. IF YOU RECEIVE ANY DOCUMENTS OR TELEPHONE CALLS FROM YOUR CREDITORS(EXCEPTING ORDINARY BILLINGS) REFER THEM TO ME AT ONCE. This includes legal papers, of course. Pleasenote that it is the Bankruptcy Court that notifies your creditor. Therefore, just because you have filed bankruptcy, it doesnot mean that all your creditors will know immediately. It may take a few weeks for them to learn of the filing through thecourt. If a particular creditor is getting on your nerves, let me know and I will contact them. The harassment shouldthen cease. If it does not, you may have the right to bring legal action against them.

Federal law has been greatly expanded in this area. This law, known as the Fair Debt Collection Practices Act(“FDCPA”) gives you specific legal rights to sue creditors who threaten or harass you, call you at off-hours, or makefalse representations to you including saying that they are going to attach your wages (illegal in Pennsylvania), sue orbring any kind of legal action when they are not10. After I am retained, no creditor may contact you without yourpermission after they are advised that I represent you. You must first say that I am representing you and that theyshould contact me. Give them my telephone number. If the creditor contacts you by any means (phone, letter, personalcontact) again, NOTIFY THIS OFFICE AT ONCE. You may have a right of action. Also, each contact that a creditormakes must contain words to the effect that: “I am _________. I am a debt collector representing ____________(cred-itor). Information obtained during the course of this call will be used for the purpose of collecting the debt. If the creditorhas not been advising you as above, you may have a right to sue.

When you come to my office, bring your letters attempting to collect from you. They too must contain warningssuch as:

This is an attempt to collect a debt. Any information obtained will be used for that purpose. Unless within 30 days ofyour receipt of this notice, you notify us that you dispute the validity of this debt, it will be assumed to be correct. If younotify this office within thirty days that you dispute the validity of the debt, we will obtain verification of the debt or a copyof the judgment. If you request it within 30 days, we will provide you with the name and address of the original creditor (ifdifferent from the current creditor).

If the letter does not state the above, or words similar or close to the above, you may also have a right ofaction. We should speak about this.

Lawsuits under FDCPA allow for counsel fees, damages, and costs. You should be diligent in protecting yourrights. The statute of limitations for bring such actions is only one year, so don’t wait to bring up the situation to me.


~ What about the electric and other utility company?

You should be aware that Philadelphia Electric Co. (PECO) or your local electric company, may request adeposit from you for continued service. This deposit is usually in the amount of two times your average monthly bill. Ifyou do not owe money to PECO, let me know when you receive their letter. Often, I can get PECO to waive thisdeposit, if you owe PECO Energy no prior bill. I cannot make PECO waive the deposit if you owe a PECO Energy abalance that you will discharge. Please be aware that continued non-payment of your electric bill after you file will resultin electrical shutoff without the opportunity to make payment arrangements.

Please note that other companies, including your cable company as well as your gas company may alsorequire deposits. I know, for example, that Suburban Cable charges three month’s charges as a deposit for continuedservice.

N What about my credit record?

Fact: Bankruptcy will hurt your ability to obtain credit for some time to come. That you have filed a chapter 13will appear on your credit record for ten years. Generally, the best (and probably the only) way to get good credit is topay your bills, or at least the minimum amount due, when they become due. A chapter 13 will be listed on your creditrecord as just that; a chapter 13 bankruptcy. Your creditors may also be able to see if you completed your plan suc-cessfully, which is certainly to your advantage.

Some people may be fortunate enough to find a creditor willing to overlook their bankruptcy. This may or maynot be you; the question is left entirely up to the individual creditor. By the way, the bankruptcy trustee willrequire you to cut your credit cards in half and return them to the creditors. YOU MAY NOT CONTRACTFOR CREDIT WHILE THIS CASE IS PENDING!

Bankruptcy and Motor Vehicle Purchase/Leases

Besides affecting your credit, filing a chapter 13 may impair your ability to purchase or lease a motor vehicle. Many motor vehicle finance companies will not lease, re-lease, or finance a car while a bankruptcy is open. Perhapsyou have heard commercials saying “all bankruptcies must be discharged.” Since your chapter 13 will be open for atleast three years in most cases, you may find it difficult to obtain a new vehicle. The reason is that many financecompanies erroneously feel that the debtor can add their debt to the chapter 13 case after it is filed. Although this is nottrue (except for debts that preceded the bankruptcy filing), many companies still will not be interested in your business. You should keep this in mind if your car is in imminent need of replacement.

If you wish to purchase a vehicle and finance it while you are in bankruptcy, you may, but you will first need theapproval of the trustee. The can be obtained without too much problem, but sometimes the trustee may require aconfirmed plan. See me if you plan a vehicle purchase.

It has come to our attention that debtors with excessive vehicle payments (in excess of $400 a month) may notbe able to get their plans confirmed unless the payments to the vehicle are lowered. This is because a debtor may notbuy or keep an expensive vehicle at the expense of the other creditors. This does not apply to cases filed where thedebtors are only trying to cure mortgage arrears. If your vehicle payment is greater that $400, be sure to mention this.

Plan Payments, Plan Modifications & Dismissal for Non-payment:

In order to have a successful chapter 13 case, you must pay the plan faithfully. In no event, ever, unless youare specifically advised to do so, are you to stop paying the trustee. There are no payment holidays, no free months. Payments must begin within 30 days of your filing date, e.g. you file on October 15, 2006 Your payments must begin onor before November 14, 2006 (October has 31 days).

I will tell you the amount of your plan payment. If you have any questions as to the amount, refer to your planitself, or call me. If you miss one or two consecutive payments, your case is subject to dismissal. Please note that wemay change your plan without your signature in the event that we need to make the plan confirmable, e.g. to coverexcess claims of creditors that you may not have anticipated. We may also increase your plan to cover attorney’s fees,if they are due us. You will be mailed a copy of the changed plan. If you do not approve it, tell us and we will withdrawit.

11IMPORTANT: You are responsible to supply this office with a list of not only the names of all creditors, butthe addresses and account numbers. We do not provide a creditor address finding service unless otherwiseagreed in writing. The addresses you list for the creditors, is not generally the payment or billing address; theproper address is the correspondence address. If you list the payment address, the creditor may not get noticeof this case and may continue to harass you.


You may wish to request a wage attachment. If you do, the payments will come directly from your pay and youwill not have to worry about payments, as long as your employer is making them. Of course, if your employer stopsmaking payments for any reason, it is your responsibility to continue them. By the way, your first plan payment will bedue the first full month after you file your bankruptcy. Retain your money order receipts as proof of payment.

If you miss plan payments you case will be dismissed. If you case is dismissed, you may ask that the courtreinstate the case. I will bill you for this service. Your legal fee will be a minimum of 2 hours at the agreed rate. If yourcase is reinstated, you will be expected to come current immediately, for all the time you lost. That is, the court willvacate the dismissal order (make it a nullity) and reinstate your case without extending the time for you to complete it. Since some time passed while the case was dismissed, you will need to make that time up. You will still need to endyour case within the maximum 60 months and so you will need to make up all payments, even payments for the timeyour case was inactive. This is because there are no non-payment months, and all cases must end within 60 months.

- Refinancing of your home

Please be advised that we do not recommend companies to you for refinancing purposes. We believe thiscreates a conflict of interest. Be very wary of companies attempting to “pay off your bankruptcy” and get you cash. More often than not, such companies are being less than honest with you regarding the terms, fees, points and amountof savings (usually, the savings are negative!). Also, be aware that you must be a chapter 13 for at least 36 monthsbefore you can “pay it off.” Most refinance companies will not tell you this, probably because they have no idea. It israrely advantageous to try to “pay off” a confirmed plan. Having a confirmed plan is probably the strongest position adebtor can be in legally. There is no free lunch, and “refi” companies are looking for their up-front fees and points. Welike to look at this as a type of bribe to get a loan. This is not something that the vast majority of debtors need!

O What exactly is expected of me in this case?

The following are among the most important obligations you have in a chapter 13 case:

1. Be truthful to all authorities involved, including myself. Lying in a bankruptcy proceeding is a federal crimeand is punishable as such. It is often the case that a debtor can accomplish better results by truthfully disclosingunfavorable facts than by lying about them.

2. Provide to attorney a complete list of debts, account numbers, names and addresses11.3. Attend court when directed to do so. Your court appearances will be minimal. Most debtors only appear one

time. I will explain more about this later in the case.4. PAY YOUR MORTGAGE! You may have been told of this obligation, but it cannot be stressed

enough. Current monthly mortgage payments must be maintained. Payments must commence with the payment firstdue after date of the filing of your case. Pay the regular monthly amount to your mortgage company unless you areinstructed to do otherwise. Should payments be refused by your mortgage company, report this fact to me at once. You are never excused from making current monthly mortgage payments. Your failure to comply with this requirementwill eventually cost you your home. Be sure to retain your canceled checks as proof of payment. It is usually a goodidea to enclose a copy of your bankruptcy petition with your first check to your mortgage company as proof of the filingof this case. They will need to know that you are in a chapter 13 case in order to begin accepting payments again.

5. N.B. If you do not pay your mortgage payments (post-petition) and the mortgage company gets relief fromthe stay (is allowed to proceed with or commence a foreclosure), you are not allowed to just dismiss your case and startover. If you dismiss your case after a motion for stay relief is filed, then you must wait 180 days to refile. If the trusteedismisses your case, then the 180 day period is not applicable. Therefore, it is sometimes better to consider dismissing


your case yourself if you get behind in your mortgage. There is no way to know exactly when a motion for stay relief willbe filed by the mortgage company. It is best to stay current.

6. Pay your car payment! If you fail to keep this current, your car is subject to repossession after relief fromthe stay is obtained. You must also keep your car fully insured.

7. Obey all other orders of the Bankruptcy Court.

G Now that I have filed, what’s the status of my case?

After you have filed, our office can obtain a case report over the internet at any time. You can get a print-out ofyour case status simply by calling us. If you have an internet connection, this case report can even be emailed to youthrough this office. This is a free service we are happy to afford you, however, please keep in mind that email is notnecessarily private, therefore, there is a risk that your affairs may be come known to third parties.

I haven’t filed any tax returns recently or missed last year’s, will this be a problem?

Yes. A big problem. New legislation may require you to file your returns before you file a bankruptcy case, butunder the present law, you can file after you file your bankruptcy. This applies to state and federal. If you have missedreturns, this office can file the returns for you for an additional fee. If you want to file them yourself, make sure you mailthem to the correct places. Do not send your federal returns to the IRS Service Center. Instead, late returns for theInternal Revenue must be sent to:

Internal Revenue ServiceCompliance Service IE:3:1

Insolvency Section IAttn: C Bishop

600 Arch St., Rm 5200Philadelphia PA 19106-1616

Fax 215-861-1620 Ms. Bishop 215-861-1510

’ What happens when I complete my Chapter 13 obligations? The effect of a bankruptcy discharge.

After you have completed payments under the plan, and if no objections to discharge are filed, you willbe receiving your discharge in bankruptcy. You are not be required to appear in court to get your discharge order. Thedischarge, as you know, "cancels" certain debts that you had at the time the bankruptcy was filed. It does not affect thelien of secured claims, however, it will cancel the personal liability only, on those debts. This means that if you owemoney on the secured debt after you receive the chapter 13 discharge, your collateral is still subject to repossession,unless you remain current with that creditor.

It is very important, therefore, that you keep me abreast of your plan status. At the very least, I must beinformed when you have made your last plan payment. When I am advised that the last plan payment has been made, Iwill move the court, without further cost to you, for a discharge. You can verify this by telephoning the trustee at 215-627-1377. Have your case number ready when you phone.

If no objections to discharge are filed, you can expect to receive an order, signed by the Judge, in the mail afteryour completion of the plan. When you receive the discharge order, you should put it in a safe place with your othervaluable and important papers because you may have to show it to creditors later.

You must understand several things about your bankruptcy discharge:

1. ONLY DEBTS LISTED ON YOUR BANKRUPTCY SCHEDULES can be discharged. If you have a debtthat you owed at the time that the bankruptcy was filed, but do not have it listed, it will not be discharged. If you havesuch a debt, speak with me immediately and I will file amendments to the schedules and amend the plan, if required.


2. ONLY DEBTS OWED FROM THE PERIOD BEFORE THE BANKRUPTCY WAS FILED WILL BEDISCHARGED. This bankruptcy discharge will not discharge debts that you became obligated to pay during the bank-ruptcy. Your discharge will only cover your personal obligation to pay debts. It will not cover co-signers on your debtsand it will have no effect on most security interests, like home mortgages and encumbrances on motor vehicles.

3. If you want to REAFFIRM A DEBT, AVOID A LIEN, OR REDEEM PROPERTY, you must do so BEFORETHE CONFIRMATION ORDER IS SIGNED. Therefore, you should tell me now if you want to do this. An explanation isin order:

(a) Certain liens (judgments, levies, non-purchase-money interests in household goods) can beeliminated entirely by asking the court to do so. There is an additional fee for this service. If you are interested in thisservice, let me know and I will quote a fee.

(b) Other liens, like mortgages, motor vehicle encumbrances, and purchase money security in othergoods probably cannot be eliminated, but in certain cases, they can be. If you are interested in this service, pleaseraise the issue as soon as possible.

(c) If you think that any of these agreements or motions should be filed in your case, or if you wantadditional information, contact me.

4. Remember: You can pay anybody you want after your discharge however, few debtors do. Depending onthe length of your plan, you may not receive a discharge for 3 to 5 years.

5. The bankruptcy code prohibits the discharge of certain types of debts. Upon your request, I can describe toyou in detail the types of debts that cannot be discharged. These debts include, but are not limited to:

(a) Recent taxes on real estate (approximately two years old) or income (approximately three yearsold). Furthermore, your income taxes may not be dischargeable even if they are more than three years old in certaincircumstances. These are, but are not limited to the following: (I) If you did not file a return, or (ii) if you did not file areturn on time.

(b) Educational loans, unless you file a complaint in the bankruptcy court or perhaps some other courtclaiming undue hardship as a result of paying such a loan.

(c) Criminal fines, restitution and costs.(d) Child support. (e) Some debts arising out of the operation of a motor vehicle while intoxicated.(f) If a creditor files a complaint within 60 days of your hearing and succeeds in proving that it has a

debt arising from fraud, breach of fiduciary duty or willful injuries on your part.6. It is important that you know the significance of your discharge order. If a debt is discharged, that creditor

cannot force you to pay that particular debt. This means that the creditors cannot legally file an action against you (forthat debt), continue an action that it had filed before the bankruptcy, send you collection letters or harass you in anyother way. If this type of harassment occurs, you should contact me immediately, and I may be able to sue the creditor.

IMPORTANT: If you fail to complete your case and the bankruptcy is dismissed,for non-payment or otherwise, YOU MAY NOT BE ABLE TO REFILE AND OBTAIN ANEW (AUTOMATIC) STAY. This means that refiling may not save your home. This iseffective for refilings within one year of the dismissal of the previous case

This information sheet is intended only as a summary of certain points of interest regarding your bankruptcydischarge. The terms used in this information sheet are intended to be simple so that they can be understood, the lawis much more detailed. This information therefore is not "the law" and is only a summary designed to help youunderstand this phase of your bankruptcy.

Each bankruptcy is unique. Your case may have special facts making further discussion necessary. Do not beafraid to raise any issue if you feel uneasy about it. I will be pleased to answer any question you may have.

Special note: No one in my office is authorized to render a legal opinion in your case except me. All legalquestions must be directed to me alone. Clerical matters may be delegated to my staff.

File/Document Retention Policy: This office retains bankruptcy files for five years. Files may not be


originals, but may be in scanned or electronic format. After that time the file is usually destroyed. You may havethe file if you wish after the conclusion of the case. If you wish copies from the file after the discharge, the firstcopy will be free. After the first copy subsequent to discharge, a small copy and retrieval charge may berequested. Bills, collection letters, demands, etc are not retained. If you want your bills back, tell us at the firstmeeting.

Notice re bills, demand letters and other documents evidencing debt which are left with this office: Althoughmost people never want to see their bills again, you may wish them returned. If you do, tell us that you want the bills saved foryou. If you do not tell us at the time of signing or within 10 days thereafter, they may be destroyed by shredding without furthernotice to you.

Lawrence S. Rubin, Attorney610-565-6660

Fax 610-565-1912email: [email protected]

For other free information see: www.pennlawyer.comI hereby certify that the following is a list of bankruptcy cases I have filed previously: If none, state none:

_______ _________ ______________________________________________Case # Date filed Disposition (discharged/dismissed/withdrawn)

________________________________________________________________________ _______________ Initial please

The following is a complete list of tax, upset, judicial, sheriff’s sales and mortgage foreclosures I am aware of atpresent (do not leave blank, if none, state “none”):____________________________________________________________________________________________ ______________________________________________________________________________________

The following is a complete list of shutoff notices I have received or know about from utilities:______________________________________________________________________________________

The following is a list of vehicles that have been repossessed within the prior six months:_________________________________________________ Date of repo: _________________________

If I gave you a personal check, I certify that there are funds in my account to cover this check at this momentand that funds will remain in my account to cover the check when it is presented for payment. _________(initials)

I have a car payment in excess of $400 a month. ____yes ___noDo you owe any money to a bank or credit union where you have an account? _______. If you answered

“yes,” you tell us at the first meeting!

Agreed and understood:__________________________________________, Client.Agreed and understood:__________________________________________, Client/spouse. Address: Phone: home________________________ work ________________________ Fax: _____________________E-mail address ______________________@_______________ (if applicable)


Make money order payable and mail plan payments to*:William Miller, Chapter 13 Trustee

POB 1799Memphis, TN 38101-1799

215-627-1377

*Note: Approx. 1/4 of the cases will be assigned toFrederick Reigle, Chapter 13 Trustee

P.O. Box 680Memphis, TN 38101-0680

Certified checks or money orders only

Were you referred by anyone? If so, by whom? _________________________ Yellow Pages ____Are you responding to an ad? Where? ______________

*1. Proof of identity including your original driver’s license and social security card. 2.Proof of your income including proof of receipt of child support (pay check stubs, court order for support etc.), 3.Proof of real property value (if any), your most recent tax bill showing assessment is acceptable;4.Proof of outstanding balance on secured debt (if applicable - mortgages, car loans)5.Proof of insurance for all vehicles owned and for your home (fire insurance or proof that the same is being paid through

your mortgage payment)6.IRA, stock and mutual fund accounts, annuities, savings account statements (if any)7.Copies of lawsuit complaints for pending matters8.If your house is presently being sold, copies of listing agreements9.Copy of your most recent tax return and any other items requested by the trustee. 1/20/05 v.127

Quick Summary of Chapter 13 Cases

A successful bankruptcy requires your attention to these important matters:

1. You must pay all your mortgage payments commencing the next full month after you file. Planpayments do not stop just because there is an objection or plan change. You are responsible to pay your plan regardless ofthe fact that the case is not confirmed, or that a creditor has objected. This includes home equity loan payments. You donot need to pay the mortgage arrears, only the regular monthly payments. You pay your mortgage directly to the mortgagee(the mortgage holder). If you fail to pay your mortgage while in chapter 13 a motion for relief may be filed by your mortgagecompany. In this event you will be billed a minimum of one hour for the additional services. Note that you may not receive apayment book.

2. You must pay the trustee every month commencing the month you file. Your payments must be in the form ofcertified check or money order. I recommend a money order. Certified checks can cost $8 to $15; money orders run about$1 or less.

Payments for the trustee must be made to the trustee only, not this office. This office cannot beresponsible for getting payments to the trustee. Payments made at this office for the trustee will be returned to youand not credited. If your case is subject to a motion to dismiss for non-payment and you make a payment at thisoffice, your payment will be returned and your case will probably be dismissed. Please make trustee paymentspayable to the trustee only and not to this office.

IMPORTANT: IF YOU SIGN OFF ON THE SCHEDULES, WE WILL ASSUME THAT THE LIST OFCREDITORS ON THE FORMS IS CORRECT. NO CREDITOR IS TO BE OMITTED FOR ANY REASON, NO MATTERWHAT ANYONE, EXCEPT YOUR ATTORNEY, TELLS YOU. NO EMPLOYEE OF THIS OFFICE IS PERMITTED TOADVISE YOU TO LEAVE OFF A CREDITOR.

IMPORTANT CHAPTER 13 PLAN INFORMATION: Additionally, note that all plan payments are subject tochange before confirmation by the court. From time to time, you should check with this office to see if the amounthas changed. You should also verify the confirmed plan amount at the time the court confirms your plan to verifythat you are paying the correct amount.

3. You must provide this office with 2 years tax returns when you file. This must be provided to the trustee (wewill do this) at least 7 days before your meeting with him. If you do not provide tax returns, you case will be dismissed.

4. If you are financing a vehicle, you must maintain direct payments, on time, to that creditor. Bankruptcyalmost never includes your car payment in the chapter 13 plan. Only the arrears if any, are included in the plan. You mustalways keep valid insurance sufficient to satisfy your vehicle finance company. This office is not responsible for, nor to wecontact insurance agents on your behalf to obtain or verify insurance. You must provide proof of insurance by a declarationspage or insurance ID card.

5. At the time of the meeting of creditors, the trustee will request you to provide him with copies of documents*. If you fail to do this, the meeting will be rescheduled and you will have to lose more time from work. You will also incuradditions fees for my re-appearance. Please make sure you bring all required documents and have an extra copy that thetrustee can keep.

6. You must file all your tax returns, especially “trust fund” taxes (i.e. Form 941 taxes) if you have not alreadydone so. The Internal Revenue and state taxing authorities will know you have filed and object to confirmation of your plan ifyou did not file your returns. I can prepare returns but there will be additional legal fees to do so.

7. If you fail to complete your case and the bankruptcy is dismissed, for non-payment or otherwise, YOU MAYNOT BE ABLE TO REFILE AND OBTAIN A NEW (AUTOMATIC) STAY. This means that refiling may not save your home. This is effective for refilings within one year of the dismissal of the previous case

8. REMEMBER: THE CREDIT COUNSELING COURSE IS NOT THE ONLY COURSE YOU NEED TO OBTAINA DISCHARGE. A FINANCIAL MANAGEMENT COURSE MUST BE COMPLETED BEFORE YOUR FINAL PAYMENTUNDER YOUR CHAPTER 13 PLAN. IF YOU DO NOT COMPLETE THIS COURSE, YOU WILL NOT RECEIVE ADISCHARGE.

9. Do not wait for a mortgage/car loan coupon book! Do not wait to be billed. You will probably not get a couponbook and you will not be billed. You simply must make your payments on time.


IMPORTANT: When you sign your bankruptcy petition and schedules, you are telling your attorney and thecourt that the papers you sign are true, complete and correct. If a creditor is missing, an address is wrong orthere is a typo, you should tell us at before the case is filed. Do not wait for the creditors meeting! You mustverify that:

1. Your name, address and social security number are correct.2. The income and expenses are correct.3. You have included all creditors.4. Your income is correct; your expenses are accurate and not unreasonable.4. All other schedules & forms are TRUE and CORRECT.

IMPORTANT PLAN INFORMATION: Note that all plan payments are subject to change before confirma-tion by the court. From time to time, you should check with this office to see if the amount has changed. Youshould also verify the confirmed plan amount at the time the court confirms your plan to verify that you are payingthe correct amount.

Should you be in the position where you simply do not have the funds to pay your mortgage and the trustee, youshould pay your mortgage, always. Of course, “mortgage” means all home equity loans as well.

I understand the above and agree to my lawyer’s advice. I have reviewed or agree to review my schedules andpetition before it is filed. I will verify the following important items:

Client__________________________________

Client__________________________________


IMPORTANT INFORMATION ABOUT BANKRUPTCY ASSISTANCE SERVICESFROM AN ATTORNEY OR BANKRUPTCY PETITION PREPARER

Note: This Notice and the Statement are required by legislation adopted by Congress in 2005, after intenselobbying by the credit industry. In our opinion they are designed to intimidate people who need debt relief underthe Bankruptcy Code, and are based on the erroneous assumption that debtors are dishonest. So long as youare honest and meet the requirements set out under the law, you are entitled to debt relief We can guide youthrough all the requirements of filing bankruptcy, so long as you provide us accurate and complete information.

The purposes of this Notice and The Statement Mandated by Section 527(b) of the Bankruptcy Code, which you have been provided as aseparate document are to make you aware of some of your obligation should you file bankruptcy.

If you decide to seek bankruptcy relief, you can represent yourself, you can hire an attorney to represent you, or you can get help in somelocalities from a bankruptcy petition preparer who is not an attorney. THE LAW REQUIRES AN ATTORNEY OR BANKRUPTCY PETITIONPREPARER TO GIVE YOU A WRITTEN CONTRACT SPECIFYING WHAT THE ATTORNEY OR BANKRUPTCY PETITION PREPARERWILL DO FOR YOU AND HOW MUCH IT WILL COST. Ask to see the contract before you hire anyone.

The following information helps you understand what must be done in a routine bankruptcy case to help you evaluate how much service youneed. Although bankruptcy can be complex, many cases are routine.

Before filing a bankruptcy case, either you or your attorney should analyze your eligibility for different forms of debt relief available under theBankruptcy Code and which form of relief is most likely to be beneficial for you. Be sure you understand the relief you can obtain and itslimitations. To file a bankruptcy case, documents called a Petition, Schedules and Statement of Financial Affairs, as well as in some casesa Statement of Intention need to be prepared correctly and filed with the bankruptcy court. You will have to pay a filing fee to the bankruptcycourt. Once your case starts, you will have to attend the required first meeting of creditors where you may be questioned by a court officialcalled a 'trustee' and by creditors.

If you choose to file a chapter 7 case, you may be asked by a creditor to reaffirm a debt. You may want help deciding whether to do so. Acreditor is not permitted to coerce you into reaffirming your debts.

If you choose to file a chapter 13 case in which you repay your creditors what you can afford over 3 to 5 years, you may also want help withpreparing your chapter 13 plan and with the confirmation hearing on your plan which will be before a bankruptcy judge.

If you select another type of relief under the Bankruptcy Code other than chapter 7 or chapter 13, you will want to find out what should bedone from someone familiar with that type of relief.

Your bankruptcy case may also involve litigation. You are generally permitted to represent yourself in litigation in bankruptcy court, but onlyattorneys, not bankruptcy petition preparers, can give you legal advice.

I acknowledge receipt of the foregoing statement and understand it. I realized that if I have any questions about the above statement, I mayphone my attorney and obtain further information without charge.

1. All information that you are required to provide with your bankruptcy petition and thereafter in your case is required to be complete,accurate, and truthful.2. All your assets and all your liabilities are required to be completely arid accurately disclosed in the documents filed to commence yourcase.3. The value of each asset which is secured by a lien on such asset must be stated as the replacement value of such asset after reasonableinquiring to establish such value. The replacement value means the replacement value of the date of the filing of the bankruptcy petitionwithout deduction for costs of sale or marketing. With respect to property acquired for personal, family, or household purposes, replacementvalue means the price a retail merchant would charge for property of that kind considering the age and condition of the property at the timevalue as determined. 4. After reasonable inquiry you are required to state your current -monthly income. Current monthly income is described on the attached ofTerms and Definitions Addendum.5. After reasonable inquiry you are required to state the amounts set out in section 707(b)(2) of the Bankruptcy Code. Those amounts areexplained in the attached terms and Definitions Addendum.6. In a case under Chapter 13, after reasonable inquiry, you are required to state your disposable income determined in accordance withsection 707(b)(2) of the Bankruptcy Code. Disposable income is explained on the attached addendum of Terms and Definitions. -7. Information that you provide during your case may be audited pursuant to the provisions of the Bankruptcy Code. Your failure to provideinformation may result in dismissal of your case or other sanctions, including criminal sanctions.

______________________________________date________

______________________________________date________


Power of Attorney to Modify Plan

I hereby grant my attorney exclusive authority, and agree to hold him harmless for any plan amendment he

makes to my chapter 13 plan for purposes of covering bona fide creditor’s claims, or for my attorney’s fees. I

understand that I will be forwarded a copy of the amended plan and make my objections known, if any, within 10

days. In the event I do object to the amended plan, I may request my attorney to withdraw the amended plan, and he

will do so. In the event the plan is withdrawn at my request, I understand that I run the risk of the plan not being

feasible and my case being dismissed, except where the plan was increased to cover counsel fees only.

I understand I can withdraw this power of attorney on written notice.

_______________________________

Dated: ______________________

IMPORTANT NOTICE

In order to receive a discharge, all chapter 13debtors must file, prior to completing the plan,a certificate that the debtor has completed apersonal financial management course. Attached to that certification must be the certif-ication from the approved agency that pro-vided that service. This is in addition to theinitial credit counseling course.

Please note: If you do not complete thiscourse you will not receive a discharge andyou will owe all of your debts again.

This is very important, please do not wait totake the second (financial managementcourse). It is suggested that all clients take the sec-ond course within the first plan-year.

All required instructional courses can be found here:http://www.usdoj.gov/ust/eo/bapcpa/ccde/index.htm

*IMPORTANT: You are responsible to supply this office with a list of not only the names of all creditors, butthe addresses and account numbers. We do not provide a creditor address finding service unless otherwiseagreed in writing. The addresses you list for the creditors, must not be the billing address; the proper addressis the correspondence address. If you list the billing address, the creditor may not get notice of this case andmay continue to harass you.

Pre-Filing Checklist

T Have you listed all creditors? T Have you provided us with the proper (see below for what proper means) addresses

and account numbers for your creditors?*T Have you provided us with 60 days of paycheck stubs (pay advices) from each

person filing bankruptcy?T Have you proved average gross income for past 6 months (paycheck stubs are ok

for this)? T Have you provided the attorney with at least the last one year's complete tax

returns?T Have you taken and completed the credit counseling?T Do you understand that you should complete the final course (financial manage-

ment) promptly?T Did you really read and correct the schedules, or did you just glance at them and

assume they were correct?T Did you list all other bankruptcy filings regardless of whether they were withdrawn or

dismissed?T Is all of your property listed? T Have you completed credit counseling? Have you made the final call?T Have you provided your attorney with the credit counseling certificate?*

Also: You must have these items on hand; they are subject to future possible audit:

(1) the six months of income, (2) 12 month bank statements, (3) divorce decree, and(4) a packet of documents like 2-4 years of tax returns, titles to cars and deeds.

WHAT IS NEEDED AT YOUR INITIAL OFFICE VISITWHERE TO GET A FREE CREDIT REPORT

M IDENTIFICATION. The new bankruptcy law requires that you provide proof that you are who you say you are. Pleasebring with you to the initial office visit an official photo ID (i.e., a driver’s license) and your Social Security card.

M PROOF OF INCOME. The new bankruptcy law requires that you provide proof of your average monthly gross incomefrom all sources for the last 6 months beginning with the first month before your scheduled office visit. Please bring withyou to the initial office visit all available pay stubs or other records of income for the past seven months to include recordsor receipts from employment income, tips, bonuses, commissions, child support, spousal support, support from someonepaying or sharing your living expenses, rental income, unemployment compensation, social security, retirement, pension,interest, dividends, or income form any other source. If you are filing with a spouse then you will need to provide thisinformation for both you and your spouse.

M FREE CREDIT REPORT. A new Federal law makes you eligible to receive a free credit report annually from each ofthe three credit reporting agencies. Please request your free credit report online by visiting www.annualcreditreport.com. You may also request your free credit report by mail or by phone. Mail your request to Annual Credit Report Service, POBox 105281, Atlanta, GA 30348-5281 or phone 1-877-322-8228 toll free.

M DEDUCTIONS TO INCOME. The new bankruptcy law requires that you provide proof of any deductions from yourincome to include federal and state taxes, retirement plan contributions, retirement plan loan repayments, insurance,court-ordered payments, garnishments, and all other deductions whether voluntary or involuntary. If you have your ownbusiness, you must provide a complete listing of all of your monthly business expenses including a year-to-date or recentmonthly Profit & Loss Statement for your business, if possible. Please bring with you to the initial office visit as muchdocumentation as you have available for the last seven months.

M BANKING RECORDS. Please provide monthly statements from your bank, credit union, or other financial institutionfor the last seven months.

M INCOME TAX RETURNS. The new bankruptcy law requires that you provide proof of your annual gross income forthe last 2 years and proof that you filed tax returns for these years. Please bring with you to the initial office visit copies ofyour filed income tax returns for the last 4 years. If have not filed any of these tax returns please begin that process as soonas possible, as we will not be able to file a bankruptcy until those tax returns are filed.

M HOUSEHOLD EXPENSES. The new bankruptcy law requires a listing of your monthly household expenses includingthose for mortgage or rent, utility services (electricity, gas, fuel oil, propane, water and sewage), telephone service, cable orsatellite television service, home maintenance, food, clothing, laundry and dry cleaning, medical and dental, transportation,recreation, clubs, entertainment, charitable contributions, insurance (homeowner or renter, life, health, auto), taxes onproperty, alimony, maintenance, child support, etc. Please bring with you to the initial office visit as much documentationas you have available for the last seven months.

M ACCOUNT STATEMENTS. The new bankruptcy law requires a listing of all of your debts including those for creditcards, medical bills, personal loans, auto loans, furniture loans, jewelry loans, lawsuits, etc. Please bring with you to theinitial office visit as much documentation as you have available for the last 90 days on all such debts.

M PROPERTY DOCUMENTS. The new bankruptcy law requires documentation of all contracts and security agreementsincluding those for mortgages and leases, refinancing, transfers of ownership, time shares, stocks, car loans and leases,furniture rental and leases, jewelry loans, etc. Please bring with you to the initial office visit as much documentation as youhave available for the last four years.

M PROOF OF INSURANCE. The new bankruptcy law requires proof of insurance on all property secured by a lienincluding homeowners insurance, automobile insurance, etc. Please bring with you to the initial office visit as muchdocumentation as you have available.

M DOMESTIC SUPPORT OBLIGATIONS – If you are pay any child support, alimony, or support you need to bring alldocuments associated with such payments. You must provide some proof that you are current on these obligations andprovide the name and address where those documents are required to be sent.

M OTHER DOCUMENTS. The production of other documents as required by the new bankruptcy law includes those forany bankruptcy you filed during the last eight years, a list of all of your addresses for the last three years, documentation ofany felony conviction, money or property received from a trust or probate estate, Educational IRAs or tuition programs, etc.

Record of Trustee PaymentsLawrence S. Rubin, Attorney

www.pennlawyer.com610-565-6660

Fax [email protected]

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Documents

Rubin & Todaro · 13. Reaffirmation of a debt (appearing in court for this). 14. Defense of motions to dismiss because of a bad faith filing or other motions filed by creditors to